A/HRC/10/64
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UNICRI,41 UNODC and ILO.42 The Special Rapporteur on trafficking in persons has adopted the
Principles and Guidelines as a foundation and a framework for her work and has been using
them as a tool for assessment and review of specific situations at the country level and in
evaluating the effectiveness of national and regional anti-trafficking strategies. International
organizations, including IPU and IOM, as well as non-governmental organizations including
Amnesty International, Anti-Slavery International, Human Rights Watch, Global Rights,
ECPAT, Physicians for Human Rights, Save the Children, and the Global Alliance Against
Traffic in Women (GAATW) have referred to the Principles and Guidelines in their research and
advocacy efforts.
C. The commentary to the Recommended Principles and
Guidelines on Human Rights and Human Trafficking
84. Since 2002, there have been repeated calls for additional guidance on the Recommended
Principles and Guidelines to be made available to intergovernmental organizations,
Governments, civil society organizations and others involved in anti-trafficking initiatives.
In 2008, OHCHR responded by developing a detailed commentary to the Recommended
Principles and Guidelines on Human Rights and Human Trafficking. The purpose of the
commentary is to provide a comprehensive legal and policy analysis of all aspects of the
Principles and Guidelines, thereby assisting in their use as a tool for the development and
application of responses to trafficking that are fully informed by international law and policy.
85. The commentary utilizes the work of the international human rights mechanisms as well as
of States and intergovernmental agencies, in taking forward the human rights approach
advocated by the Principles and Guidelines. However, it makes clear that prioritizing human
rights does not mean that other objectives or approaches are invalidated. For example, States are
still required to develop strong and effective criminal justice responses to trafficking.
Nevertheless, at each step of every response, the human rights impact of that step and of the
overall response must be considered and monitored. The ultimate objective of responses to
trafficking should be to prevent it, to protect individuals from trafficking-related violations of
their rights and to provide assistance when such violations are not - or cannot be - prevented. The
commentary has been designed in a way that will enable it to be used as a tool for analysing the
performance of relevant actors with respect to their legal obligations to prevent and respond to
trafficking and related exploitation. A panel of experts, drawn principally from United Nations
agencies and human rights mechanisms, reviewed the technical quality of the draft. The results
of that review are currently being incorporated and it is expected that the commentary will be
publicly available in the first half of 2009.
41
UNICRI implemented the Principles and Guidelines in particular in the development of
training curricula, see “Trafficking in Human Beings and Peace-Support Operations:
Pre-Deployment/In-Service Training Programme for International Law-Enforcement Personnel”.
42
ILO has extensively used the Principles and Guidelines, see: Human Trafficking and Forced
Labour Exploitation: Guidance for Legislation and Law Enforcement (Geneva, ILO, 2005);
B. Olateru-Olagbegi and A. Ikpeme, Review of Legislation and Policies in Nigeria on Human
Trafficking and Forced Labour, (Geneva, ILO, 2006); Combating trafficking in children for
labour exploitation: a resource kit for policymakers and practitioners (2008).
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